SOCIAL SECURITY ADMINISTRATION
Office of Hearings and Appeals

HALLEX
Volume I

Transmittal No. I-2-29

Chapter: I-2-100, I-2-400

Subject: Prehearing Analysis and Case Workup; Dismissals

Action Note

Change “glossary” to “macro” in the following section:

II-2-415 B. 3. a., third line.

Background

Before Congress enacted Pub. L. No. 99-643, § 1631(b)(1) of the Social Security Act (the Act) provided that if a Supplemental Security Income (SSI) claimant died before the Social Security Administration (SSA) paid the amount due him or her, or before he or she endorsed the check representing the correct payment, SSA was authorized to pay the amount of the underpayment only to the underpaid claimant's surviving spouse. SSA could pay the underpayment only if such spouse was eligible for SSI and was living with the underpaid claimant when he or she died, or the surviving eligible spouse was not separated from the underpaid claimant for 6 months at the time of the underpaid claimant's death. SSA could not pay an underpayment to the estate of any underpaid claimant, the estate of the surviving spouse, or to any survivor other than the living-with eligible spouse.

Section 8 of Pub. L. No. 99-643 amended § 1631(b)(1) of the Act to expand SSA's authority to pay SSI benefits due persons who are deceased. SSA is now authorized to pay SSI benefits due a deceased claimant to the deceased's surviving eligible spouse or to his or her surviving spouse who was living with the underpaid claimant within the meaning of § 202(i) of the Act (see 20 CFR § 404.347) in the month he or she died or within 6 months immediately preceding the month of death, or if the deceased underpaid claimant was a disabled or blind child when the underpayment occurred, SSA may pay the amount due to the natural or adoptive parent(s) of the underpaid claimant who lived with the underpaid claimant in the month he or she died or within 6 months immediately preceding the month of death. SSA published final regulations in the Federal Register on October 13, 1993, to implement the statutory provision (58 FR 52909).

Explanation of Content and Changes

We changed I-2-150, I-2-405, and I-2-435 to reflect § 1631(b)(1) of the Social Security Act, as amended by § 8 of Pub. L. No. 99-643 and as implemented by 20 CFR § 416.542(b).

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